No FMLA retaliation because employee failed to meet monthly deadlines

A worker fired for failing to complete required monthly reports in a timely manner cannot continue with her Family and Medical Leave Act (FMLA) claims, a federal court in Louisiana recently ruled. The court found she had no evidence that one of the reasons for her termination was untrue or that she suffered any prejudice from working during her FMLA leave. Of note for employers is that the court found write-ups and a performance review were adverse actions that “bridged the gap” between her leave and termination a year later. Additionally, the court simply didn’t buy one of the termination reasons, which could have created problems for the employer had she successfully presented a mixed-motive theory. As seen here, employers should carefully consider disciplinary actions taken after protected leave and ensure they are well-reasoned and documented to limit potential liability.

Employment history and leave of absence

Leisha Lindsey worked for 19 years with Bio-Medical Applications of Louisiana, LLC (BMA)—a provider of dialysis services—first as a nurse and most recently as clinic manager. On July 5, 2016, she experienced a fire in her home and took FMLA leave through August 16.

During the leave, Lindsey claimed she was required to continue working in violation of the FMLA. Specifically, she claimed she addressed employee issues, scheduled staff, approved payroll, and worked with HR to hire a nurse.

Alleged retaliatory acts